On 3 March 2026, the European Banking Authority (EBA) published its final report on instruments available for third country branches for unrestricted and immediate use to cover risks or losses under the Capital Requirements Directive (CRD IV).
Overview
Third country branches (TCBs) are firms that have a significant and increasing presence in the EU banking markets and must adhere to minimum common prudential requirements, among them the minimum capital endowment requirement under Article 48e of the CRD IV, as amended by CRD VI.
This means that TCBs must hold assets that are segregated to protect local depositors at the level of the TCB or they remain available to pay appropriate claims and satisfy local creditors in case of resolution or winding-up of the TCB. This requirement is calculated as a percentage of the branch’s liabilities with a minimum nominal amount.
Article 48e(2)(c) of CRD IV sets out the forms of instruments that could be used in the case of resolution or winding up of a TCB that are available for unrestricted and immediate use to cover risks or losses as soon as they occur. Article 48e(3) of CRD IV requires them to be placed in an escrow account. In addition to cash or cash assimilated instruments and debt securities issued by central governments or central banks of Member States, as specified in Article 48e(2) of the CRD IV, any other instrument that is available to the TCB for unrestricted and immediate use to cover risks or losses as soon as those occur could be used to meet the requirement.
Following the EBA’s consultation in July 2025, the EBA as mandated under Article 48e(4) of CRD IV has issued final guidelines specifying the requirements for such “other instruments”.
Guidelines
To summarise, the guidelines:
- Identify as eligible those financial instruments issued or guaranteed by central, regional, or local governments, central banks, public sector entities, multilateral development banks, or international organisations that would receive a 0% risk weight under the standardised approach for credit risk.
- Clarify minimum operational conditions that TCBs must meet so that the capital endowment instruments effectively serve their purpose and remain available in the event of resolution or winding-up of the third-country branch.
Next steps
The guidelines will be translated into the official EU languages and published on the EBA’s website.
The deadline for Member State competent authorities to report whether they comply with the guidelines will be two months after the publication of the translations.
The guidelines will apply from 11 January 2027.